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HomeMy WebLinkAbout2012-05-01 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 1, 2012 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Davidson, Howard, Hargadine, O'Brien, Fosse Bentley, O'Malley, Scott, Clark, Havel. The Mayor proclaimed May as Older Americans Month, and Bicycle Month. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Adeline Bradley, Caroline Gianola, Edie Knoop. Unless otherwise noted all actions were affirmative and unanimous. Moved by Champion, seconded by Dickens, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended /presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 17 Council Work Session; April 17 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Historic Preservation — March 9; Housing And Community Development — March 8; Housing And Community Development — March 22; Human Rights — March 20. Permit Motions and Resolutions as Recommended by the City Clerk: (New) Class C Beer Permit for Dolgencorp, LLC, dba Dollar General Store #8137, 41 Highway 1 West. Resolutions and Motions: RES. 12 -199, ACCEPTING THE WORK FOR THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT; RES. 12 -200, ACCEPTING THE WORK FOR THE WASHINGTON STREET TWO -WAY CONVERSION PROJECT; RES. 12 -201, ONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE FEMA DEMOLITION - ANIMAL SHELTER PROJECT; RES. 12 -202, CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS PROJECT - CONTRACT #5; RES. 12 -203, CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS PROJECT - CONTRACT #6; RES. 12 -204, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #4; RES. 12 -205, ACCEPTING THE WORK FOR THE NORTHSIDE MARKETPLACE IMPROVEMENT PROJECT; RES. 12 -206, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1706 FLATIRON AVENUE, IOWA CITY, IOWA. Approve disbursements in the amount of $8,920,605.47 for the period of March 1 through March 31, 2012, as recommended by the Finance Director subject to audit disbursements are published and permanently retained in the City Clerk's office in accordance with state code. Complete Description May 1, 2012 Page 2 Setting Public Hearings: RES. 12 -207, SETTING A PUBLIC HEARING ON MAY 15, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -208, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF MELROSE PLACE RIGHT -OF -WAY TO THE UNIVERSITY OF IOWA AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR MAY 15,2012; RES. 12 -209, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 15,2012; RES. 12 -210, SETTING A PUBLIC HEARING ON AMENDING THE FY2012 OPERATING BUDGET. Correspondence: Traffic Engineering Planner regarding Removal of one on- street metered parking space (L224S) and establishment of a COMMERICAL LOADING ZONE 30 MINUTE LIMIT 6 AM — 5 PM with a 2 AM TO TOW -AWAY ZONE on the east side of the 200 block of South Linn Street, south of the driveway for the 224 South Linn Street property; Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on the southwest corner of the northern most intersection of Mormon Trek Boulevard and Bartelt Road, and installation of (1) NO PARKING CORNER TO HERE sign on the northwest corner of the southernmost intersection of Mormon Trek Boulevard and Bartelt Road; City Engineer regarding Competitive Quotation Results — 2012 Water Main Directional Boring; 2012 Pavement Replacement for Water Main; Sherry Christoffer regarding Difficulties in City Transit for persons with disability [Staff response included]; Dee Miller regarding Re- Naming Broadway Street; Mary Knudson regarding Miller Orchard kids walking to Horn [Staff response included]; Dean Rammelsberg regarding Allowing Chickens in Backyards Frank Salomon: A quiet zone for IC? [Staff response included]; Marianne Wilkening regarding PATV; Mark Patton, Iowa Valley Habitat for Humanity regarding Comments on FY13 Annual Action Plan and CITY STEPs. Vera Schneider appeared with safety concerns allowing begging for money on street corners or in street medians; and requested a stop sign near the Old Capitol Mall downtown. A public hearing was held on an ordinance vacating .27 -acres of street right -of -way adjacent to Lots 1 -8 Melrose Place. (VAC12- 00001). No one appeared. Moved by Throgmorton, seconded by Dickens, to accept correspondence from Jean Walker (2). Moved by Mims, seconded by Payne, that the ordinance vacating .27 -acres of street right -of -way adjacent to Lots 1 -8 Melrose Place (VAC12- 00001), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Dickens, Hayek, Mims, Payne, Champion. Nays: Dobyns, Throgmorton. Moved by Payne, seconded by Champion, that the ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard Complete Description May 1, 2012 Page 3 near its intersection with Highway 1 West (McDonald's REZ12- 00003), be given second vote. The Mayor requested Council disclose any ex parte communications and none were reported. Casey Cook, # 1 Oak Park Ct., appeared. Moved by Champion, seconded by Payne, that the ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in multi - family zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in multi - family zones and in commercial zones that allow multi - family uses, be given second vote. City Planner Howard present for discussion. Moved by Mims, seconded by Dobyns, to accept correspondence from Glenn Siders and Michael Pugh (2) representing the Homebuilders Association. Moved by Mims, seconded by Payne, that the ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA), be given second vote. City Planner Howard present for discussion. Individual Council Members expressed their views. Moved by Throgmorton, seconded by Dickens, to defer ordinance to May 15. Motion to defer defeated, 1/6, with Throgmorton voting "yes ". Moved by Mims, seconded by Champion, to accept correspondence from Michael Pugh (2) representing the Homebuilders Association. Moved by Dobyns, seconded by Payne, that ORD. 12 -4477, AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS, CHANGING THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES, be passed and adopted. Moved by Champion, seconded by Dickens, that ORD. 12 -4478, DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004), be passed and adopted. Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4479, AMENDING TITLE 14, ZONING, SUBSECTION 14 -2C- 8Q, BONUS PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE, be voted on for final passage at this time. PCD Dir. Davidson present for discussion. The Mayor declared the motion carried. Moved by Mims, seconded by Throgmorton, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Dickens, to adopt RES. 12 -211, APPROVING THE FINAL PLAT OF PENINSULA NEIGHBORHOOD THIRD ADDITION, IOWA CITY, IOWA. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -212, APPROVING THE FINAL PLAT OF PENINSULA NEIGHBORHOOD FOURTH ADDITION, IOWA CITY, IOWA. A public hearing was held on a resolution of conveyance of a Concrete Flume Drainage Easement in the vacated alley adjacent to Lots 10 and 11, Manville Heights Addition, Iowa City, Iowa. No one appeared. Complete Description May 1, 2012 Page 4 Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -213, CONVEYANCE OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA. A public hearing was held on a resolution approving the sale to Robert and Doris Swartzendruber of Auditor's Parcel 2011092, consisting of approximately .99 acres, located immediately south of their home, adjacent to the Iowa City Landfill, and authorizing conveyance in accordance herewith. No one appeared. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -214, APPROVING THE SALE TO ROBERT AND DORIS SWARTZENDRUBER OF AUDITOR'S PARCEL 2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND AUTHORIZING CONVEYANCE IN ACCORDANCE HEREWITH. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Fire and Police Department Interior Remodeling Project 2012, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 12 -215, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR REMODELING PROJECT 2012, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $6,000,000 Water Revenue Refunding Bonds, Series 2012C. Finance Dir. O'Malley present for discussion. Moved by Mims, seconded by Dickens, to adopt RES. 12 -216, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C. Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -217, DIRECTING THE ADVERTISEMENT FOR SALE OF $5,060,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $7,950,000 General Obligation Bonds, Series 2012. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 12 -218, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012. Finance Dir. O'Malley present for discussion. Moved by Throgmorton, seconded by Dobyns, to adopt RES. 12 -219, CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Complete Description May 1, 2012 Page 5 Moved by Mims, seconded by Payne, to adopt RES. 12 -220, CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Champion, seconded by Throgmorton, to adopt RES. 12 -221, CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Mims, seconded by Dickens, to adopt RES. 12 -222, DIRECTING THE ADVERTISEMENT FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT. Moved by Champion, seconded by Mims, that the ordinance amending Title 2 of the City Code, entitled "Human Rights," Chapter 4, entitled "Enforcement," to provide that the human rights office make the probable cause determination, be given second vote. Moved by Mims, seconded by Dickens, to adopt RES. 12 -223, APPROVING FUNDING FOR MOLLY'S CUPCAKES IOWA CITY, L.L.C. FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT — ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved by Dickens, seconded by Mims, to adopt RES. 12 -224, AWARDING CONTRACT to Peterson Contractors for $1,267,177.20 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT. Moved by Dobyns, seconded by Champion, to adopt RES. 12 -225, REJECTING BIDS RECEIVED ON APRIL 17, 2012 FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP-U- 3715(37) -- 70-52]. Moved by Champion, seconded by Dobyns, to adopt RES. 12 -226, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE ROCKY SHORE DRIVE PUMP STATION AND FLOODGATE PROJECT. Spec. Project Adm. Clark present for discussion. Moved by Mims, seconded by Dickens, to adopt RES. 12 -227, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -228, AMENDING THE BUDGETED POSTIONS IN THE FINANCE DEPARTMENT BY REDUCING THE Complete Description May 1, 2012 Page 6 AUTHORIZED POSITION OF PURCHASING CLERK TO 1.0 EMPLOYEE AND INCREASING THE AUTHORIZED POSITION OF BUDGET ANALYST TO 2.0 EMPLOYEES. Finance Dir. O'Malley and Asst. to the City Mgr. Fruin present for discussion. Moved by Mims, seconded by Dickens, to approve the appointment of Matt Uttermark as the City Council Liaison and Alec Bramel as alternate from the University of Iowa Student Government (UISG) to the City Council until May 1, 2013. Moved by Mims, seconded by Dickens, to accept correspondence from UISG President Nicholas Pottebaum. The Mayor presented a Certificate of Appreciation to outgoing UISG Liaison Cody Graham. The Mayor noted the previously announced vacancies: Historic Preservation Commission to fill an unexpired term, effective upon appointment, ending March 29, 2013; Human Rights Commission to fill an unexpired term, effective upon appointment, ending January 1, 2015; Youth Advisory Commission for a two -year term (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent) January 1, 2011 — December 31, 2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, May 30, 2012. The Mayor announced the current vacancy: Library Board of Trustees — One vacancy to fill an unexpired term, effective upon appointment, ending June 30, 2013. Applications must be received by 5:00 p.m., Wednesday, June 13, 2012. Moved by Throgmorton, seconded by Mims, to accept correspondence from John Kenyon. Moved by Champion, seconded by Mims, to appoint Kingsley Botchway II to the Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2013. The Mayor noted no applications were received for the following Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment — March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Dickens noted the opening of the East Side Recycling Center, and thanked Mayor Hayek for his remarks. Mayor Pro tem Mims reminded citizens of two upcoming forums, Black Americans in Iowa City scheduled May 2nd at the Library; and the Police Citizens Review Board forum on May 9th at the Library. Council Member Champion thanked everyone for their efforts and a job well done on the Olympic Trials. Council Member Throgmorton stated he and his daughter attended President Obama's speech at the University Field House , noting it was a great experience; reported on attending the ICAD luncheon with Mayor Hayek; thanked Jeanette Pilak for Complete Description May 1, 2012 Page 7 her service and welcomed John Kenyon as the Interim Director to the City of Literature; reported on the recent ECICOG meeting; and shared comments on attending a performance of "Mayberry", a new play on race relations in Iowa City. Mayor Hayek also thanked City of Literature outgoing Director Jeanette Pilak for her work, and welcomed interim director John Kenyon; complimented staff and the community on the Olympic Trials fantastic experience; noted BASTA outdoor cafe went up; and noted the great job done by local young man Zach Wahls on national interviews. City Manager Markus announced that the first City Farmers Market for the year starts May 2" . Moved by Mims, seconded by Payne, to adjourn regular meeting 8:10 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk CITY OF IOWA C I T Y 4a(1) �l MEMORANDUM Date: April 17, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 17, 2012, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Graham Staff: Markus, Fruin, Dilkes, Karr, Davidson, Howard, Miklo, Ream, Moran, O'Brien, Yapp (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS [Agenda #37] Board of Adjustment — T. Gene Chrischilles Climate Action Task Force — Tom Carsner Council Member Appointments [Agenda #38] Council Member Dickens agreed to serve as alternate to Council Member Throgmorton on the East Central Iowa Council of Governments (ECICOG) Board. PLANNING & ZONING ITEMS ITEM 7c AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI- FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI- FAMILY USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES. ITEM 7d AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN LOCATED WITHIN A DESIGNATED UNIVERSITY IMPACT AREA (UTA). Planner Howard and Senior Planner Miklo present for discussion. AGENDA ITEMS 1. (Agenda # 21 — resolution of intent to approve economic development grant ... ALPLA, 2258 Heinz Road .... Select Iowa City for its expansion project) In response to Council Member Throgmorton, PCD Dir. Davidson responded to questions regarding operations, materials, and energy intensity. Council Work Session April 17, 2012 Page 2 2. (Consent Calendar # 5f(2) - ... competitive quotation results — Court Hill Park Public Restroom Building) Council Member Dobyns noted the low quote and reported staff had checked the references and that it was not unusual to check thoroughly on such deviations. 3. (Consent Calendar # 5f(4) — City Council Noise Complaint) In response to Council Member Dobyns, City Clerk Karr reported the individual would be present at the formal meeting and more information would be provided. 4. (Agenda items 9 -14 — hearings and /or civil penalties ... tobacco violations ... selling to minors) Mayor Hayek reviewed the procedure for Council Members, stating that Asst. JC Atty. Andy Chappell would present for the hearings. City Atty. Dilkes stated the only issue before Council is whether there was a conviction. EXTERIOR DESIGN OF 114 S. DUBUQUE STREET [Agenda #18] Code Enforcement Asst. Ream and Planner Howard presented a power point; and developer Marc Moen also presented a power point [both archived with the City Clerk]. PCD Dir. Davidson present for discussion. Individual Council Members expressed their views, and agreed to discuss further at the formal meeting. BROADWAY STREET NAME CHANGE [IP #3] Transportation Planner Yapp present for discussion. Individual Council Members expressed their views, and agreed not to pursue a name change. STAFF ACTION: None at this time. (Yapp) PROPOSED RESOLUTION RELATING TO THE DEATH OF TRAYVON MARTIN [IP #5] After discussion, a majority agreed to have a subcommittee of Council Members Dobyns and Throgmorton to prepare another proposal for Council consideration reaffirming current policy on racial profiling, and relating to issues in the Iowa City community; and report back to Council. BENCHMARKS PROJECT [IP #6] Asst. to the City Manager Fruin presented information, and a majority of Council directed staff to proceed as outlined with four benches prior to the Olympic Trials. STAFF ACTION: Develop formal guidelines through Public Art Advisory Committee. ( Fruin) INFORMATION PACKET DISCUSSION [April 12] 1. (IP11 — KXIC schedule) Council Member Dickens stated he would do the KXIC radio show on May 23. City Clerk Karr will distribute a new schedule. 2. (IP8 — August Meeting Schedule) Council agreed to make no changes in the schedule. COUNCIL TIME 1. Council Member Champion stated she like the wrap on the transit buses re the Olympic Trails, and stated she hope City crews would be cleaning alleys and sidewalks prior to the event. Asst. to the City Manager Fruin reported that City crews were doing power washing and the plan was to be done before the week -end. Council Work Session April 17, 2012 Page 3 2. Mayor Hayek noted some Board & Commission meeting minutes were short and sweet and others almost verbatim. City Atty. Dilkes stated the almost verbatim minutes were a decision by that particular Board. 3. (IP19) City Clerk Karr asked Council Members to let her know if they planned to attend the ICAD Vision 2030 Breakfast, Tuesday, April 24tn 4. Asst. to the City Manager Fruin noted the elected officials lunch scheduled the same day at Hills Bank in North Liberty at 11:30. 5. Council Member Throgmorton reported he would be participating in the Access to Independence event (working with various people to have them simulate certain kinds of disabilities) on April 24, and would be unable to speak that day and using electronic communication. PENDING WORK SESSION TOPICS [IP #7] None MEETING SCHEDULE /UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS [IP #8] None Meeting adjourned 6:40 PM. (2) Subject to change as finalized by the City Clerk. For a final official copy, contact the 4a 4a(2) City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 4/17/12 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. The Mayor proclaimed Arbor Day — April 27, Mike Moran, Parks and Recreation Director accepting; Week of the Young Child — April 22 -28, Susan Gray, 4C's accepting. The Mayor stated that Outstanding Student Citizenship Awards for Grant Wood Elementary students will be rescheduled. The Youth Advisory Commission Recognition Grant Awards were presented to: Matilda Mackey and Eleanor Mildenstein. Youth Commission Member Leah Murray and Edgar Thornton present. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 3 Special Council Formal Official and Complete; April 3 Council Work Session; April 3 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Board of Adjustment — February 8; Civil Service Commission — March 27; Planning & Zoning Commission — March 15. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) Class C Liquor License for First Avenue Club, 1550 S. First Ave.; Class C Beer Permit for Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for Gasby's #4, 2303 Muscatine Ave.; Class C Beer Permit for North Dodge Sinclair, 2153 ACT Circle; Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., dba 441 S. Gilbert St. RES. 12 -158, TO ISSUE DANCING PERMIT to First Avenue Club, 1550 S. First Ave. and Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Resolutions: RES. 12 -159, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK FOR PROPERTY LOCATED AT 1702 GRYN DRIVE; RES. 12 -160, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. RES. 12 -161, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WALGREENS 507; RES. 12 -162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2813 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -163, AUTHORIZING THE Official Actions April 17, 2012 Page 2 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 12 -164, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2001 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 12- 165, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -166, ACCEPTING THE WORK FOR THE CDG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC., D /B /A MOTLEY COW CAFE, FOR A SIDEWALK CAFE; RES. 12 -168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT THAI SPICE INC. D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE; RES. 12 -169, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REV. TRUST, AND TENANT 2 -TONE, INC. D /B /A BLUE BIRD DINER, FOR A SIDEWALK CAFE; RES. 12 -170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D /B /A PITA PIT, FOR A SIDEWALK CAFE. Setting Public Hearings: Set a public hearing for May 15, 2012 regarding Iowa City's FY13 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 12 -171, SETTING A PUBLIC HEARING ON MAY 1, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR REMODELING PROJECT 2012, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -172, SETTING A PUBLIC HEARING FOR MAY 1, 2012 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT AND DORIS SWARTZENDRUBER FOR AUDITOR'S PARCEL 2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY TO THE SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 12 -173, OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS Official Actions April 17, 2012 Page 3 Revised 4/26/12 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR MAY 1, 2012. Correspondence: Traffic Engineering Planner Installation of one (1) HANDICAP PARKING space on the north side of G Street, adjacent to the 1906 G Street property; City Engineer regarding Competitive Quotation Results — Court Hills Park Public Restroom Building; Ann Campbell regarding Suggested savings on newspaper publication costs [Staff response included]; Mari (Martha) Struxness regarding City Council Noise Complaint; Dorothy Whiston regarding Resolution Before Council re. Trayvon Martin. Mari Struxness, 320 E. Washington St. presented a petition regarding noise pollution in the downtown area. Moved and seconded to accept the petition. Coalition for Racial Justice members Dorothy Whiston, Charlie Eastham, Diane Finnerty, and Royceann Porter appeared regarding the proposed resolution concerning Trayvon Martin, and updated Council on upcoming events in the community. Moved and seconded to set a public hearing for May 1 on an ordinance vacating .27 -acres of street right -of -way adjacent to lots 1 -8 Melrose Place. (VAC12- 00001/ University of Iowa Hospitals). A public hearing was held on an ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's). Moved and seconded that the ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in Multi - Family Zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones *that allow multi - family uses. The following individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Carl Christel, 1002 E. Jefferson St.; Karen Hopp, 26 N. Governor St.; Moved and seconded to accept correspondence from Mark *Holtkamp, Mark Bails, and protest petitions representing 2.2 acres (RM44); 0.3 acres (PRM); 4.5 acres (RNS20); .47 (CO1). Moved and seconded that the ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 413-4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in multi - family zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi- family uses located in multi - family zones and in commercial zones that allow multi- family uses, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off- Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated *University Impact Area (UTA). The following individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Nancy Carlson, 1002 E. Jefferson St.; Mike Official Actions April 17, 2012 Page 3 10 AND 11, M NVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND PETTING A PUBLIC HEA ING ON SAID PROPOSED CONVEYANCE FOR MAY 1/2012. Correspond nce: Traffic Engineering Planner Installation of one (1 HANDICAP PARKING space n the north side of G Street, adjacent to the 1906 Street property; City Eng eer regarding Competitive Quotation Results— ourt Hills Park Public Restroom Bu ing; Ann Campbell regarding Suggested sav' gs on newspaper publication costs [Sta response included]; Mari (Martha) Struxne s regarding City Council Noise Complai t; Dorothy Whiston regarding Resolution efore Council re. Trayvon Martin. Mari Struxness, 320 E. shington St. presented a petition r arding noise pollution in the downtown area. Moved d seconded to accept the petiti n. Coalition for Racial Justice members Dorothy Whist , Charlie Eastham, Diane Fi erty, and Royceann Porter appeared regarding the pr osed resolution concernin rayvon Martin, and updated Council on upcoming evens in the community. Moved and seconded to set a pu is hearing for May 1 o an ordinance vacating .27 -acres of street right -of -way adjace t to lots 1 -8 Melrose lace. (VAC12- 00001/ University of Iowa Hospitals). A public hearing was held on an ordin nce rezoning a proximately 2.43 acres of land from Intensive Commercial (CI -1) to mmunity Co mercial (CC -2) for properties located east of West Side Drive and north o Mormon T ek Boulevard near its intersection with Highway 1 West (REZ12 -00 03 / Mc onald's). Moved and seconded that the ordinance ezon' g approximately 2.43 acres of land from Intensive Commercial (CI -1) to Comm nit Commercial (CC -2) for properties located east of West Side Drive and north of Mor n Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 cDonald's), be given first vote. A public hearing was held on an ordinance a en ing Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to establis thre as the maximum number of bedrooms allowed within a multi - family dwelli unit in ulti - Family Zones and in commercial zones that allow multi - family use and to es ablish new residential density formulas for multi - family uses located in Mu i- Family Zon s and in Commercial Zones that allow multi - family uses. The following individuals app ared: Mike Bales, Affiliate Member of the Home Builder's Associatio ; Carl Christel, 02 E. Jefferson St.; Karen Hopp, 26 N. Governor St.; Moved and s onded to accept c rrespondence from Mark Holtkamp, Mark Bales, and protest peti ions representing 2.2 cres (RM44); 0.3 acres (PRM); 4.5 acres (RNS20); .47 (CO1). Moved and seconded that the ordi ance amending Title 14, ning, Articles 213 and 2C, and Paragraph 14- 4B -4A -7 to a ablish three as the maximu number of bedrooms allowed within a multi - family dwelli unit in multi - family zones an in commercial zones that allow multi - family uses and to stablish new residential density ormulas for multi- family uses located in multi - family zones and in commercial zones th t allow multi- family uses, be given first vote. A public hearing was held o an ordinance amending Title 14, Zonin , Article 5A, Off - Street Parking and Loading St ndards, to increase the number of requir d parking spaces for certain multi - family dwelling units when located within a design ted University Impact Area (UTA) The following individuals appeared: Mike Ba s, Affiliate Member of the Home Build 's Association; Nancy Carlson, 1002 E. Jefferso St.; Mike Official Actions April 17, 2012 Page 4 McLaughlin, Coralville; Mike Wright, 225 N. Lucas; Jack Tank, (owner) 514 N. Dubuque St.; Moved and seconded to accept correspondence from Mark Holtkamp, Mike McLaughlin, and protest petitions representing 14.8 acres. Moved and seconded that the ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns. Nays: Dickens. Moved and seconded that the ordinance amending Title 14, Zoning, Article 9A, General Definitions, Changing the Definition of "Household" as it applies in the RM -44, PRM, RNS -20, RM -20, and CO -1 Zones, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays: Dickens. Moved and seconded to accept correspondence from Mark Holtkamp. Moved and seconded that the ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given second vote. Moved and seconded that the ordinance amending Title 14, Zoning, Subsection 14- 2C-8Q, Bonus Provisions, adding a floor area bonus for constructing Class A Office Space on upper floors within a multi -story building in a Central Business (CB -10) Zone, be given first vote. A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2013 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. Moved and seconded to adopt RES. 12 -174, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2013 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Moved and seconded to adopt RES. 12 -175, ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved and seconded to adopt RES. 12 -176, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM FAREWAY 950. Moved and seconded to ACCEPTI NG PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LIQUOR DOWNTOWN. A hearing was held on a resolution assessing a $300.00 civil penalty against Red Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved and seconded to adopt RES. 12 -178, ASSESSING A $300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Russ' Northside pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Official Actions April 17, 2012 Page 5 Moved and seconded to adopt RES. 12 -179, ASSESSING A $300.00 CIVIL PENALTY AGAINST ROSS' NORTHSIDE PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Zombies Tobacco pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved and seconded to adopt RES. 12 -180, ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). Moved and seconded that ORD. 12 -4475, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE, be passed and adopted. Moved and seconded that the that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4476, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 2 of the City Code, entitled "Human Rights," Chapter 4, entitled "Enforcement," to provide that the Human Rights Office make the probable cause determination, be given first vote. Moved and seconded to adopt RES. 12 -181, APPROVING REVISION TO THE PROPOSED EXTERIOR DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH THE AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY AND CENTRAL PARK L.L.C. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Mims, Payne, Champion, Dickens, Dobyns. Nays: Hayek, Throgmorton. Correspondence was received from Pam Michaud. Moved and seconded to adopt RES. 12 -182, AUTHORIZING THE ISSUANCE OF $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO IOWA CANCER CURE, L.L.C., AN IOWA LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND IOWA CANCER CURE, L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Official Actions April 17, 2012 Page 6 Moved and seconded to adopt RES. 12 -183, APPROVING THE PURCHASE OF 2229 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE STATION), A. 199 ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE AND FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA. Moved and seconded to adopt RES. 12 -184, OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258 HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT. Moved and seconded to adopt RES. 12 -185, AWARDING CONTRACT to Tricon Construction for $3,341,000 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 12 -186, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. Moved and seconded to adopt RES. 12 -187, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT JIMMY JACK MAC, INC., D /B /A BASTA, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 12 -188, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D /B /A THE HEIRLOOM SALAD COMPANY, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 12 -189, AMENDING THE BUDGETED POSTIONS IN THE FINANCE DEPARTMENT AND THE ADMININISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT SERVICES SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION AND ELIMINATING THE WEB DEVELOPER POSITION FROM THE INFORMATION TECHNOLOGY SERVICES DIVISION AND AMENDING THE BUDGET POSITIONS IN THE CITY MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR, COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS SPECIALIST AND ELIMINATING THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT. Moved and seconded to adopt RES. 12 -190, APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT, as amended by with minor changes outlined in Asst. City Atty. memo. David Bywater, 211 Post Road & President and CEO of The Economy Advertising Company, appeared. Moved and seconded to adopt RES. 12 -191, REPEALING RESOLUTION NO. 11 -377 TO ADD AUTHORITY FOR THE CITY MANAGER AS COMTEMPLATED BY AND CONSISTENT WITH THE NEW PURCHASING MANUAL. Moved and seconded to adopt RES. 12 -192, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY Official Actions April 17, 2012 Page 7 OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved and seconded to adopt RES. 12 -193, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved and seconded to adopt RES. 12 -194, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved and seconded to adopt RES. 12 -195, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved and seconded to adopt RES. 12 -196, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved and seconded to adopt RES. 12 -197, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS, SERIES 2003, DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND DIRECTING NOTICE BE GIVEN. Moved and seconded to adopt RES. 12 -198, APPROVING POST - ISSUANCE COMPLIANCE POLICY. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment - March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 - December 31, 2017 (New full term); Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2013. Applications must be received by 5:00 p.m., Wednesday, April 25, 2012. The Mayor noted the current vacancies: Historic Preservation Commission for an unexpired term, effective upon appointment, ending March 29, 2013; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. See correspondence included in Council packet. Moved and seconded to accept correspondence from Alicia Trimble and Henri Harper. Moved and seconded to make the following appointments: appoint T. Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; appoint Tom Carsner to the Official Actions April 17, 2012 Page 8 Metropolitan Planning Organization (MPO- formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) for At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013. The Mayor stated no applications were received for the Youth Advisory Commission for a two -year term January 1, 2011 — December 31, 2012 for Tate High, and will be readvertised. (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 9:25 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submitted for publication — 4/24/12. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 17, 2012 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, O'Brien, Moran, Bentley, Andrew, Davidson, Hegwood, Howard, Miklo, Boelk, Slattery, O'Malley. The Mayor proclaimed Arbor Day — April 27, Mike Moran, Parks and Recreation Director accepting; Week of the Young Child — April 22 -28, Susan Gray, 4C's accepting. The Mayor stated that Outstanding Student Citizenship Awards for Grant Wood Elementary students will be rescheduled. The Youth Advisory Commission Recognition Grant Awards were presented to: Matilda Mackey and Eleanor Mildenstein. Youth Commission Member Leah Murray and Edgar Thornton present. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Throgmorton, seconded by Dickens, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 3 Special Council Formal Official and Complete; April 3 Council Work Session; April 3 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Board of Adjustment — February 8; Civil Service Commission — March 27; Planning & Zoning Commission — March 15. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) Class C Liquor License for First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc., dba 441 S. Gilbert St. RES. 12 -158, TO ISSUE DANCING PERMIT to First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave. and Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Resolutions: RES. 12 -159, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK FOR PROPERTY LOCATED AT 1702 GRYN DRIVE; RES. 12 -160, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. RES. 12 -161, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WALGREENS 507; RES. 12 -162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2813 Complete Description April 17, 2012 Page 2 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 12 -164, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2001 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 12- 165, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -166, ACCEPTING THE WORK FOR THE CDG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC., D /B /A MOTLEY COW CAFE, FOR A SIDEWALK CAFE; RES. 12 -168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT THAI SPICE INC. D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE; RES. 12 -169, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REV. TRUST, AND TENANT 2 -TONE, INC. D /B /A BLUE BIRD DINER, FOR A SIDEWALK CAFE; RES. 12 -170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D /B /A PITA PIT, FOR A SIDEWALK CAFE. Setting Public Hearings: Set a public hearing for May 15, 2012 regarding Iowa City's FY13 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 12 -171, SETTING A PUBLIC HEARING ON MAY 1, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR REMODELING PROJECT 2012, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -172, SETTING A PUBLIC HEARING FOR MAY 1, 2012 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT AND DORIS SWARTZENDRUBER FOR AUDITOR'S PARCEL 2011092, CONSISTING OF APPROXIMATELY. 99 ACRES, LOCATED IMMEDIATELY TO THE SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 12 -173, OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR MAY 1, 2012. Complete Description April 17, 2012 Page 3 * Revised 4/26/12 Correspondence: Traffic Engineering Planner Installation of one (1) HANDICAP PARKING space on the north side of G Street, adjacent to the 1906 G Street property; City Engineer regarding Competitive Quotation Results — Court Hills Park Public Restroom Building; Ann Campbell regarding Suggested savings on newspaper publication costs [Staff response included]; Mari (Martha) Struxness regarding City Council Noise Complaint; Dorothy Whiston regarding Resolution Before Council re. Trayvon Martin. Mari Struxness, 320 E. Washington St. presented a petition regarding noise pollution in the downtown area. Moved by Mims, seconded by Champion, to accept the petition. Coalition for Racial Justice members Dorothy Whiston, Charlie Eastham, Diane Finnerty, and Royceann Porter appeared regarding the proposed resolution concerning Trayvon Martin, and updated Council on upcoming events in the community. Moved by Mims, seconded by Dobyns, to set a public hearing for May 1 on an ordinance vacating .27 -acres of street right -of -way adjacent to lots 1 -8 Melrose Place. (VAC12- 00001/ University of Iowa Hospitals). A public hearing was held on an ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's). PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by Mims, that the ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in Multi - Family Zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones that allow multi - family uses. Senior Planner Miklo presented a power point. The *following individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Carl Christel, 1002 E. Jefferson St.; Karen Hopp, 26 N. Governor St.; Moved by Payne, seconded by Dobyns, to accept correspondence from Mark Holtkamp, *Mark Bails, and protest petitions representing 2.2 acres (RM44); 0.3 acres (PRM); 4.5 acres (RNS20); .47 (CO1). Moved by Mims, seconded by Champion, that the ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in multi - family zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in multi - family zones and in commercial zones that allow multi - family uses, be given first vote. Individual Council Members expressed their views, and requested a staff response to the written suggested changes from the Home Builder's Association. A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated Complete Description April 17, 2012 Page 3 Correspondence: Traffic Engineering Planner Installation of one (1) HANDICAP PARKING space on the north side of G Street, adjacent to the 1906 G Street property; City Engineer regarding Competitive Quotation Results — Court Hills Park Public Restroom B 'Iding; Ann Campbell regarding Suggested savings on newspaper publication costs [St response included]; Mari (Martha) Struxn ss regarding City Council Noise Compl ' t; Dorothy Whiston regarding Resolutio Before Council re. Trayvon Martin. Mari Struxness, 320 E. shington St. presented a petition r garding noise pollution in the downtown area. Moved Mims, seconded by Champio , to accept the petition. Coalition for Racial Justice me ers Dorothy Whiston, Charli Eastham, Diane Finnerty, and Royceann Porter a eared regarding the pro sed resolution concerning Trayvon Martin, and updated Coun 'I on upcoming events n the community. Moved by Mims, seconded by Do yns, to set a publi earing for May 1 on an ordinance vacating .27 -acres of street 'ght -of -way adj ent to lots 1 -8 Melrose Place. (VAC12- 00001/ University of Iowa Hosp' als). A public hearing was held on an ordin nce rezo 'ng approximately 2.43 acres of land from Intensive Commercial (CI -1) to mmun' Commercial (CC -2) for properties located east of West Side Drive and north o Mor on Trek Boulevard near its intersection with Highway 1 West (REZ12 -00 0 / McDonald's). PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by Mims h t the ordinance rezoning approximately 2.43 acres of land from Intensive Commerc' I (C 1) to Community Commercial (CC -2) for properties located east of West Side D ve and orth of Mormon Trek Boulevard near its intersection with Highway 1 We (REZ12- 003 / McDonald's), be given first vote. A public hearing was held on an or finance amendi g Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 establish three s the maximum number of bedrooms allowed within a multi -fa ily dwelling unit in ulti - Family Zones and in commercial zones that allow multi- amily uses and to est blish new residential density formulas for multi - family uses loc ted in Multi - Family Zon and in Commercial Zones that allow multi - family uses. Se 'or Planner Miklo presente a power point. The following individuals appeared: ike Bales, Affiliate Membe of the Home Builder's Association; Carl Christel, 10 2 E. Jefferson St.; Karen Hop , 26 N. Governor St.; Moved by Payne, seconded y Dobyns, to accept correspond nce from Mark Holtkamp, Mark Bales, and protest pet' ions representing 2.2 acres (RM4 ; 0.3 acres (PRM); 4.5 acres (RNS20); .47 (CO1). Moved by Mims, seco ed by Champion, that the ordinance a ending Title 14, Zoning, Articles 2B and , and Paragraph 14- 4B -4A -7 to establi three as the maximum number of be rooms allowed within a multi - family dwelli g unit in multi - family zones and in commerc' I zones that allow multi - family uses and to stablish new residential density for ulas for multi - family uses located in multi - family zones and in commercial zones th allow multi - family uses, be given first vote. I ividual Council Members expressed eir views, and requested a staff response to the written suggested changes from the Home Builder's Association. A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated Complete Description April 17, 2012 Page 4 * Revised 4/26/12 University Impact Area (UTA). Sr. Planner Miklo presented a power point. The following *individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Nancy Carlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike Wright, 225 N. Lucas; Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne, seconded by Dobyns, to accept correspondence from Mark Holtkamp, Mike McLaughlin, and protest petitions representing 14.8 acres. Individual Council Members expressed their views, and requested a staff response to the written suggested changes from the Home Builder's Association. Moved by Mims, seconded by Champion, that the ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns. Nays: Dickens. Moved by Champion, seconded by Throgmorton, that the ordinance amending Title 14, Zoning, Article 9A, General Definitions, Changing the Definition of "Household" as it applies in the RM -44, PRM, RNS -20, RM -20, and CO -1 Zones, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays: Dickens. Moved by Mims, seconded by Payne, to accept correspondence from Mark Holtkamp. Moved by Mims, seconded by Payne, that the ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given second vote. The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Champion, seconded by Dickens, that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bonus Provisions, adding a floor area bonus for constructing Class A Office Space on upper floors within a multi -story building in a Central Business (CB -10) Zone, be given first vote. A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2013 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Moved by Payne, seconded by Mims, to adopt RES. 12 -174, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2013 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Moved by Mims, seconded by Champion, to adopt RES. 12 -175, ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved by Mims, seconded by Payne, to adopt RES. 12 -176, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM FAREWAY 950. Moved by Champion, seconded by Payne, to ACCEPTI NG PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LIQUOR DOWNTOWN. A hearing was held on a resolution assessing a $300.00 civil penalty against Red Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Complete Description April 17, 2012 Page 4 Universi Impact Area (UTA). Sr. Planner Miklo presented a power point. The following individual appeared: Mike Bales, Affiliate Member of the Home Builder's Association, Nancy Carlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike Wright, 225 Lucas; Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne, seconded by D yns, to accept correspondence from Mark Holtkamp, Mike McLaughlin and protest petiti s representing 14.8 acres. Individual Council Members expressed their views, and re ested a staff response to the written sugg ted changes from the Home Builder's Asso iation. Moved by Mims, s onded by Champion, that the ordinan amending Title 14, Zoning, Article 5A, Off- reet Parking and Loading Standar , to increase the number of required parking spaces r certain multi - family dwelling u is when located within a designated University Imp t Area (UTA), be given first v e. The Mayor declared the motion carried, 6/1, with the ollowing division of roll ca vote: Ayes: Hayek, Mims, Payne, Throgmorton, Champ n, Dobyns. Nays: Dic ns. Moved by Champion, seco ed by Throgmorto that the ordinance amending Title 14, Zoning, Article 9A, General efinitions, Chan g the Definition of "Household" as it applies in the RM -44, PRM, RNS 0, RM -20, an CO -1 Zones, be given second vote. The Mayor declared the motion ca ied, 6/1, wi the following division of roll call vote: Ayes: Mims, Payne, Throgmorton, ampio Dickens, Dobyns, Hayek. Nays: Dickens. Moved by Mims, seconded by Payne, to ac ept correspondence from Mark Holtkamp. Moved by Mims, seconded by Pay , t at the ordinance designating 1.25 -acres of land located at 108 McLean Street as a Iowa City Historic Landmark (REZ12- 00004), be given second vote. The Mayor req ted Council Members disclose any ex parte communications and none were repo ed. Moved by Champion, seconded y Dic ns, that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bo us Provi ions, adding a floor area bonus for constructing Class A Office Spa c on upper oors within a multi -story building in a Central Business (CB -10) Zone be given first ote. A public hearing was held n a resolution a thorizing the filing of an application with the Iowa Department of Tran portation for FY2 0 3 Iowa DOT State Transit Assistance and Federal Transit Admini ration Funding. No ne appeared. Moved by Payne, seco ded by Mims, to adopt RES. 12 -174, AUTHORIZING THE FILING OF AN APPLICA ION WITH THE IOWA PARTMENT OF TRANSPORTATION F FY2013 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT MINISTRATION FUNDING. Moved by Mims, s conded by Champion, to ado p RES. 12 -175, ACCEPTING PAYMENT OF A $1 00 CIVIL PENALTY AND WAIV OF RIGHT TO HEARING FROM THE DEN. Moved by Mi , seconded by Payne, to adopt RES. 12 -176, ACCEPTING PAYMENT OF A 300 CIVIL PENALTY AND WAIVER FRIGHT TO HEARING FROM FAREWAY 950. Moved by C ampion, seconded by Payne, to ACC EP I NG PAYMENT OF A $300 CIVIL PENAL AND WAIVER OF RIGHT TO HEARING ROM LIQUOR DOWNTOWN. A hearing was held on a resolution assessing a $300.00 civil penalty against Red Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Complete Description April 17, 2012 Page 5 Moved by Mims, seconded by Dickens, to adopt RES. 12 -178, ASSESSING A $300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Russ' Northside pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Champion, seconded by Payne, to adopt RES. 12 -179, ASSESSING A $300.00 CIVIL PENALTY AGAINST RUSS' NORTHSIDE PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Zombies Tobacco pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -180, ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). Moved by Mims, seconded by Payne, that ORD. 12 -4475, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE, be passed and adopted. Moved by Mims, seconded by Champion, that the that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4476, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK, be voted on for final passage at this time. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Payne, seconded by Mims, that the ordinance amending Title 2 of the City Code, entitled "Human Rights," Chapter 4, entitled "Enforcement," to provide that the Human Rights Office make the probable cause determination, be given first vote. Moved by Mims, seconded by Champion, to adopt RES. 12 -181, APPROVING REVISION TO THE PROPOSED EXTERIOR DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH THE AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY AND CENTRAL PARK L.L.C. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Mims, Payne, Champion, Dickens, Dobyns. Nays: Hayek, Throgmorton. Correspondence was received from Pam Michaud. Majority directed staff to develop potential procedures and /or policies related to requests for habitable private spaces constructed over public right -of -way; and agreed to amend the resolution to reflect the underside would start at 17 feet. Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -182, AUTHORIZING THE ISSUANCE OF $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA Complete Description April 17, 2012 Page 6 CANCER CURE PROJECT) SERIES 2012, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO IOWA CANCER CURE, L.L.C., AN IOWA LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND IOWA CANCER CURE, L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -183, APPROVING THE PURCHASE OF 2229 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE STATION), A .199 ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE AND FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA. Moved by Payne, seconded by Dickens, to adopt RES. 12 -184, OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258 HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT. Moved by Payne, seconded by Mims, to adopt RES. 12 -185, AWARDING CONTRACT to Tricon Construction for $3,341,000 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -186, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. Moved by Champion, seconded by Dickens, to adopt RES. 12 -187, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT JIMMY JACK MAC, INC., D /B /A BASTA, FOR A SIDEWALK CAFE. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -188, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D /B /A THE HEIRLOOM SALAD COMPANY, FOR A SIDEWALK CAFE. Moved by Mims, seconded by Payne, to adopt RES. 12 -189, AMENDING THE BUDGETED POSTIONS IN THE FINANCE DEPARTMENT AND THE ADMININISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT SERVICES SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION AND ELIMINATING THE WEB DEVELOPER POSITION FROM THE INFORMATION TECHNOLOGY SERVICES DIVISION AND AMENDING THE BUDGET POSITIONS IN THE CITY MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR, COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS SPECIALIST AND ELIMINATING THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT. Complete Description April 17, 2012 Page 7 Moved by Champion, seconded by Payne, to adopt RES. 12 -190, APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT, as amended by with minor changes outlined in Asst. City Atty. memo. David Bywater, 211 Post Road & President and CEO of The Economy Advertising Company, appeared. Moved by Champion, seconded by Dickens, to adopt RES. 12 -191, REPEALING RESOLUTION NO. 11 -377 TO ADD AUTHORITY FOR THE CITY MANAGER AS COMTEMPLATED BY AND CONSISTENT WITH THE NEW PURCHASING MANUAL. Moved by Payne, seconded by Dickens, to adopt RES. 12 -192, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Throgmorton, seconded by Dickens, to adopt RES. 12 -193, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Mims, seconded by Dickens, to adopt RES. 12 -194, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dickens, seconded by Payne, to adopt RES. 12 -195, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dobyns, seconded by Champion, to adopt RES. 12 -196, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -197, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS, SERIES 2003, DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND DIRECTING NOTICE BE GIVEN. Finance Dir. O'Malley present for discussion. Moved by Mims, seconded by Payne, to adopt RES. 12 -198, APPROVING POST - ISSUANCE COMPLIANCE POLICY. Finance Dir. O'Malley present for discussion. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment - March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 - December 31, 2017 (New full term); Police Citizens Review Board for an Complete Description April 17, 2012 Page 8 unexpired term, effective upon appointment, ending September 1, 2013. Applications must be received by 5:00 p.m., Wednesday, April 25, 2012. The Mayor noted the current vacancies: Historic Preservation Commission for an unexpired term, effective upon appointment, ending March 29, 2013; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. See correspondence included in Council packet. Moved by Champion, seconded by Mims, to accept correspondence from Alicia Trimble and Henri Harper. Moved by Dobyns, seconded by Dickens, to make the following appointments: appoint T. Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; appoint Tom Carsner to the Metropolitan Planning Organization (MPO- formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) for At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013. The Mayor stated no applications were received for the Youth Advisory Commission for a two -year term January 1, 2011 — December 31, 2012 for Tate High, and will be readvertised. (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted that Council Member Dickens had agreed to serve as alternate to Council Member Throgmorton on the East Central Iowa Council of Governments Board (ECOCOG). Mayor Pro tem Mims reported that Council Member Payne has been asked to submit her name for an appointment on the - - -- Board, and Council Member Payne indicated she had sent the necessary information. UISG Rep. Graham thanked Council for the experience as being the Student Government Liaison and introduced Matt Uttermark as his successor. Uttermark thanked Cody for his service and stated he was excited to begin his tenure as UISG liaison. Council Member Dickens noted the Olympic Trials scheduled for Iowa City April 21- 22, and welcomed visitors. Mayor Hayek also reminded citizens of the East Side Recycling ribbon cutting on Sunday, April 22 at 1 PM. Moved by Mims, seconded by Payne, to adjourn meeting 9:25 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk